SAD Scheme Defendant Gets Damages Payout from the Bond–Bright Head v. Schedule A Defendants

[This is a ruling from a month ago…I just learned about it.] The court starts out: “Plaintiff’s pursuit of a preliminary injunction in this “Schedule A” patent infringement suit fizzled out after plaintiff abandoned its appeal of my order denying that relief.” The bond amount was $10k. One of the restrained defendants sought damages out of the bond. The defendant claimed $94k of damages due to the TRO. The court said the evidence supporting the $94k wasn’t adequate. As a plan B, the defendant sought the $10k bond. A subsequent defense affidavit cured some of the court’s initial evidentiary objections. The plaintiff objected to the defendant’s evidence as “self-serving.” Say what?? Every litigant provides self-serving evidence–including the plaintiff’s “self-serving” allegations when it requested–and received–the improperly granted TRO. By design, the adversarial system of adjudication expects each side to tell their best story and discredit the other side’s best story. That system…